O616ORDINANCE NO. 616
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS,
AUTHORIZING THE ACCEPTANCE OF CREDIT CARDS FOR
PAYMENT OF UTILITY BILLING FEES, DEVELOPMENT FEES AND
PERMIT FEES,; PROVIDING FOR A PROCESSING FEE FOR
PAYMENT BY CREDIT CARD; PROVIDING FOR A SERVICE
CHARGE IF A PAYMENT BY CREDIT CARD IS NOT HONORED;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Kennedale, is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, Chapter 132 of the Texas Local Government Code authorizes the governing
body of a municipality to authorize an official who collects fees to accept payment by credit card
and further authorizes the collection of a processing fee for use of a credit card and the collection
of a service charge if a credit card is not honored by the credit card company; and
WHEREAS, the City Council of the City of Kennedale, Texas, finds and determines that
allowing the use of credit cards for the payment of utility billing fees, development fees and
permit fees will increase administrative efficiency and the public convenience and should be
authorized; and
WHEREAS, the City Council of the City of Kennedale, Texas, further finds and
determines that a processing fee equal to 3 percent of the development and permit fees paid by
credit card and a processing fee equal to 2.8 percent of the utility billing fees paid by credit card
are reasonably related to the expense incurred for accepting payments by credit card.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE TEXAS, THAT:
SECTION 1.
Recitals
That the foregoing recitals are incorporated into this ordinance by reference as findings of
fact as if expressly set forth herein.
SECTION 2.
Credit Card Use Authorized
(a) Each municipal official employed by the City who, as part of that employment, collects
utility billing fees, development fees or permit fees payable to the City, is hereby
HACity Council \Ordinances \Ordinance 616.docx (10/14/16) Page 1
authorized to accept payment by credit card and is further authorized to collect a fee for
processing the payment by credit card.
(b) The processing fee for payment by credit card shall be in an amount equal to 2.8 percent
of the utility billing fee charges being paid and 3 percent of the development and permit
fee charges being paid.
(c) If a payment by credit card is not honored for any reason by the credit card company on
which the funds are drawn, a service charge from the person who owes the utility billing
fee, development fee or permit fee charge will be imposed. The service charge is in
addition to the original utility billing fee, development fee or permit fee and any
processing fee charge therefor, and is for the collection of that original amount. The
amount of the service charge shall be the same amount as the fee charged for the
collection of a check drawn on an account with insufficient funds.
SECTION 3.
This ordinance shall be cumulative of all other ordinances of the City of Kennedale,
Texas, and shall not repeal any of the provisions of such ordinance except in those instances
when provisions of such ordinances are in direct conflict with the provisions of this ordinance, in
which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 5.
This ordinance be in full force and effect from and after its adoption.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Kennedale,
Texas, this the 17th day of October 2016.
APPROVED:
I
OBRIA
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ATTEST:
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